A Dutch court has ruled that an immediate dismissal was not given quickly enough. The dispute also involved compensation, interest, costs and salary records. The ruling shows how an unexplained delay can turn one workplace incident into a wider employment and payroll file.
Why this matters
Immediate dismissal is a narrow route under Dutch law. An employer needs an urgent reason, must act promptly and must communicate the reason promptly. An investigation may take time, but each step needs a recorded purpose. If the route fails, wage claims, compensation, payroll corrections and professional costs may follow. A disputed loss can create a separate problem when it is deducted from the final payslip without a proper legal basis.
Example
A manager sees that a customer payment does not match an invoice. The employee with account access denies taking money. Access is blocked, but the company waits several days before recording the incident or speaking with the employee. It then dismisses the employee and deducts the missing amount from final wages. The company must explain the delay, prove the dismissal reason and defend the payroll deduction separately.
XTROVERSO tips
- Record the first discovery. Write down when the issue was found, who found it and what was known then. Keep invoices, access logs, messages and transaction records in the same file.
- Give each delay a reason. Record every investigation step and why it was needed. Include interviews, file checks and advice received. A dismissal letter cannot fix an unexplained gap.
- Protect the business while checking facts. Restrict access where needed and preserve the records. Paid suspension can give time for a focused investigation without forcing an immediate dismissal decision.
- Keep an alleged loss out of payroll. Do not treat a disputed claim as an automatic wage deduction. Check the legal basis before setting off any amount against salary or holiday pay.
- Reconcile the final employment file. Check the contract, hours, salary, leave, holiday pay, pension, collective agreement and bank payments. Make sure the final payslip explains every amount.
Need help checking the timeline, records and payroll before an employment decision creates a larger dispute?
The data, sourcing, and analysis behind this article were conducted by Linda Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Linda Pavan before publication.
References
- Salaris Vanmorgen – Ontslag op staande voet niet rechtsgeldig
- Wettenbank – Statutory framework for immediate dismissal
- Ondernemersplein – Ontslag op staande voet
- Rechtspraak – ECLI:NL:RBMNE:2026:6126
- Ondernemersplein – Transitievergoeding
- Ondernemersplein – Inhoudingen en verrekeningen
- Ondernemersplein – Loonstrook aan uw werknemer geven
- Rijksoverheid – Personeel ontslaan
